3745-273-81
Factors that the director will evaluate regarding petitions to include other wastes under Chapter 3745-273 of the Administrative Code.

(A)
The waste or category of waste, as
generated by a wide variety of generators, is listed in rules
3745-51-30 to
3745-51-35 of the Administrative
Code, or, if not listed, a proportion of the waste stream exhibits one or more
characteristics of hazardous waste identified in rules
3745-51-20 to
3745-51-24 of the Administrative
Code.[When a characteristic waste is added to Chapter 3745-273 of the
Administrative Code by using a generic name to identify the waste category
(e.g., batteries), the definition of universal waste in rules
3745-50-10 and
3745-273-09 of the
Administrative Code will be amended to include only the hazardous waste portion
of the waste category(e.g., hazardous waste batteries)]. Thus, only the portion
of the waste stream that does exhibit one or more characteristics (i.e., is
hazardous waste) is subject to Chapter 3745-273 of the Administrative Code.

(B)
The waste or category of waste
is not exclusive to a specific industry or group of industries, is commonly
generated by a wide variety of types of establishments (including, for example,
households, retail and commercial businesses, office complexes, conditionally
exempt small quantity generators, small businesses, government organizations,
as well as large industrial facilities);

(C)
The waste or category of waste is
generated by a large number of generators (e.g., more than one thousand
nationally) and is frequently generated in relatively small quantities by each
generator;

(D)
Systems to be used
for collecting the waste or category of waste (including packaging, marking,
and labeling practices) would ensure close stewardship of the waste;

(E)
The risk posed by the waste or category
of waste during accumulation and transport is relatively low compared to other
hazardous wastes, and specific management standards proposed or referenced by
the petitioner (e.g., waste management requirements appropriate to be added to
rules 3745-273-13,
3745-273-33, and
3745-273-52 of the
Administrative Code; and/or applicable department of transportation
requirements in 49 CFR Parts 100 to 185 ) would be protective of human health
and the environment during accumulation and transport;

(F)
Regulation of the waste or category of
waste under Chapter 3745-273 of the Administrative Code will increase the
likelihood that the waste will be diverted from non-hazardous waste management
systems (e.g., the municipal waste stream, non-hazardous industrial or
commercial waste stream, municipal sewer or stormwater systems) to recycling,
treatment, or disposal which are in compliance with Chapter 3734. of the
Revised Code.

(G)
Regulation of
the waste or category of waste under Chapter 3745-273 of the Administrative
Code will improve implementation of and compliance with the hazardous waste
regulatory program; and/or (H) Such other factors as may be appropriate.

[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see rule
3745-50-11 of the Administrative
Code titled"Incorporated by reference."]